Beth Raiter v. HHS - Influenza, shoulder injury related to vaccine administration (2019)
Case summary [AI summaries can sometimes make mistakes]
Beth Raiter filed a petition for compensation on April 4, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 10, 2015. The case was assigned to the Special Processing Unit.
On April 23, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA and that she satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 23, 2019, finding Ms.
Raiter entitled to compensation. Subsequently, on May 30, 2019, the respondent filed a proffer on award of compensation, proposing an award of $67,500.00, to which the petitioner agreed.
On October 11, 2019, Chief Special Master Dorsey issued a decision awarding damages, granting Ms. Raiter a lump sum payment of $67,500.00 in the form of a check payable to her, representing compensation for all damages available under § 15(a).
Petitioner was represented by Howard Dale Mishkind of Mishkind Law Firm Co., L.P.A., and the respondent was represented by Christine Mary Becer of the U.S. Department of Justice.
The decision was unpublished.
Theory of causation
Petitioner Beth Raiter alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 10, 2015. The respondent conceded that the claim met the Table criteria for SIRVA and that all legal prerequisites for compensation were satisfied. The case proceeded to a ruling on entitlement, issued by Chief Special Master Nora Beth Dorsey on April 23, 2019, finding petitioner entitled to compensation. Subsequently, a stipulation/proffer was filed on May 30, 2019, by respondent, proposing an award of $67,500.00, which petitioner accepted. Chief Special Master Dorsey issued a decision awarding damages on October 11, 2019, granting a lump sum payment of $67,500.00 to petitioner. Petitioner was represented by Howard Dale Mishkind, and respondent by Christine Mary Becer. The specific mechanism of injury and expert testimony were not detailed in the provided public text, as the case was resolved via concession and stipulation based on the Table injury criteria for SIRVA.
Source PDFs
USCOURTS-cofc-1_18-vv-00495